..... no doubt, what should be the qualification prescribed for a post is within the realm of the rule making authority. but, if the qualification prescribed has absolutely no rationale with the object sought to be achieved and such a qualification results in discrimination or the classification prescribed is unreasonable or arbitrary, certainly this court is entitled to examine ..... rules is only the qualification prescribed for being eligible to be considered for appointment to the post of gazetted probationers. in this background, i do not find any rationale or principle to disqualify persons who possess higher degree than that of a bachelor degree to write either the preliminary or main examination for the post of gazetted ..... like, degree in dental science, medicine and engineering, is treated as the basic qualification for being considered for appointment to the post of gazetted probationers, there cannot be any rationale or principle in holding that the person who possesses postgraduate degree or doctorate degree inthe subjects, like, economics, history, commerce, statistics or sociology, the knowledge of which will ..... the preliminary and final examinations and also the marks obtained in the interview and on comparative assessment of the merits of the candidates; and therefore there is no rationale in insisting that the candidate should possess the basic degree qualification to be eligible for being considered to appear for the examinations. they also submitted that insofar as .....

..... have to be assume that the subjective satisfaction recorded by the detaining authority was not genuine and that the live link between the prejudicial activities of the detenu and the rationale of clamping the detention order, which is a draconian action, qua the detenu, cannot stand the test of judicial scrutiny. if we were not to quash such a detention order .....

..... .1985 despite they being not having secured first or second class, the qualifying examination. the second respondent had made further discrimination and this clearly shows that there had been no rationale behind the decision taken by the university grants commission in respect of the present incumbents in the posts as on 1987. the learned senior counsel submitted that in paragraph 4 .....

..... the consent of other party and with the leave of labour court, tribunal or national tribunal, as the case may be. 7. it is by now well known that the rationale behind bar imposed under sub-section (3) was to discourage representation by legal practitioner to ensure expeditious disposal of industrial dispute given regard to the unequal strength of the parties .....

..... the court of law should be to understand as to whether the person, who has committed the act, would have committed the same act in same condition with average intelligence, rationale, emotion having good understanding and judgment capacity with same type of perception, orientation and belief, as he had at the time of committing the act, or whether, his state of .....

..... in respect of an industrial matter, to furnish a notice to the employer is to enable the employee to place his grievances for the consideration of the employer. the underlying rationale and principle is that before moving the labour. court or other forum in adjudication, the employee must bring to the notice of the employer his grievances so that if possible .....

..... .7. in breen v. aeu, (1971) 1 all er 1148, lord denning observed that a.w.c. 122giving of reasons 'is one of the fundamentals of good administration'.8. the rationale for the requirement to give reasons for administrative decisions are several ; (1) reasons help to control the exercise of discretion, for it requires the authority to explain the relevant factors .....

..... that the assessee is entitled to receive interest on the amount of refund at the rates prescribed in clauses (a) and (b) of sub-section (1) of section 244a. the rationale underlying this provision is to compensate the assessee in lieu of the deprivation of his property right by virtue of unlawful collection of tax. if the proceedings resulting in the .....

..... fragile grounds for sidelining such a highly incriminating circumstance. the very approach of the high court in this regard does not merit approval. it is not possible to understand the rationale of the reasoning that if an investigating officer did not instruct the person who drew up the site plan to note down certain details that would render the testimony of .....

..... at the rate of rs. 400 per sq.ft. as well that made by the 1st respondent at rs. 150/- appears to be on the other extremes, and without any rationale or just and reasonable basis of law as well the terms of the contract. we, therefore, partly allow the appeals by awarding the rate of rs. 250/- per sq.ft .....